Senators press for more Hill oversight of anthrax probe

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., and ranking member Arlen Specter, R-Pa., Wednesday said they doubted the Justice Department's conclusion that a sole government scientist was responsible for the 2001 anthrax attacks, reigniting debate over a case that has baffled federal investigators and congressional officials for seven years.

Specter said he wants the Judiciary Committee to appoint members to an independent panel to investigate the government's evidence, while Sen. Charles Grassley, R-Iowa, called for a congressional investigation into the matter.

Federal prosecutors asserted last month they had evidence showing that Army scientist Bruce Ivins was responsible for carrying out the anthrax mailings shortly after the Sept. 11, 2001, terrorist attacks.

Ivins committed suicide in late July before being formally charged. During a hearing with FBI Director Robert Mueller Wednesday, Leahy said he does not believe "in any way, shape or manner" that Ivins acted alone.

"I believe there are others out there. I believe there are others who could be charged with murder," said Leahy, who was a target in the anthrax mailings. Specter said he had "grave doubts" that government evidence proves beyond a reasonable doubt that Ivins was solely responsible.

Mueller said the FBI will send a letter to the National Academy of Sciences this week or next asking for an independent panel of experts to be assembled to review the case. But Specter demanded Mueller make a commitment to allow the Judiciary Committee to appoint representatives to the panel.

"We'd like to have the authority to name some people there to assure its objectivity," Specter said. After being pressed by Specter, Mueller said he would have no objections to having the committee appoint members if the rules establishing the panel allow it. But Grassley said the panel most likely would not be allowed to review classified evidence and investigative work in the case, creating the need for a congressional investigation. Members of the committee also pressed Mueller over his agency's plan to give field agents expanded powers for conducting national security investigations.

Under new proposed guidelines, FBI agents would have the ability to conduct physical surveillance, carry out pretext interviews and use informants during national security investigations without first opening a preliminary case. The bureau also would not have to inform suspects that they are a target of a national security investigation.

Leahy said the Justice Department has refused to give the committee copies of the proposed new guidelines. Mueller said the FBI has briefed the Senate and House Judiciary committees on the proposed changes, as well as independent groups, such as the American Civil Liberties Union. But Leahy said the briefing was superficial. "Allowing the FBI authority to use a vast array of intrusive investigative techniques with little or no predicate facts or evidence raises concerns and may potentially lead to the kinds of abuses we have seen with national security letters and with other vast grants of authority with minimal checks in the past," Leahy said.

And Mike German, the ACLU policy counsel, said his group "appreciated the opportunity to see the guidelines, though we felt that the process was not adequate to provide meaningful advice." Mueller said the guidelines will replace five separate rules and give FBI agents the ability to be more proactive and more flexible.